Replies

The judges decision runs contrary to the state constitution.

Back to begging the question already?

The City claims its authority to adopt this law resides in its police power, the power of local governments to adopt laws for the preservation of the health, safety and welfare of their citizens as well as for their protection and the maintenance of order. Such power is granted to the City by Article 9, section 2(c) (ii) (10) of the New York State Constitution, Municipal Home Rule Law, section 10, subdivision I(ii) (a) (11) and General City Law, section 20, subdivision 13. This power is limited only by the requirements that such local laws not be in conflict with the State Constitution nor inconsistent with the general laws of the State. These limitations are recognized by the City Charter, section 27(a), which empowers the Council to adopt this legislation. Plaintiffs have not demonstrated that the Gun Control Law in any way encroaches upon these limitations.
It is true that where the State has evidenced any desire or design to occupy an entire field to the exclusion of local law, the City Is powerless to act. (Wholesale Laundry Board of Trade, Inc. v. City of New York, 17 A.D.2d 327, 330, 234 N.Y.S.2d 862, affd. 12 N.Y.2d 998, 239 N.Y.S.2d 128, 189 N.E.2d 623.) However, the fact that a local law may deal with some of the same matters covered by State law does not render the local law invalid. (People v. Lewis, 295 N.Y. 42, 64 N.E.2d 702.) Article 265 of the Penal Law, while it touches upon the possession of rifles or shotguns by persons under the age of sixteen years, aliens, convicted felons and adjudicated incompetents, does not treat so extensively with the subject of the control of such weapons as to evidence any design or intention by the State to preempt the entire field. The sole authority offered by plaintiffs in support of their contention of preemption (People on Complaint of Main v. Klufus, 1 Misc.2d 828, 149 N.Y.S.2d 821, affd. 2 A.D.2d 958, 157 N.Y.S.2d 903) does not support that proposition.
Grimm v. City of New York, 56 Misc.2d 525 (Sup.Ct. 1968)

Poor, poor you.